Legal Question in Business Law in Montana

subject

What is a trust indenture


Asked on 12/05/01, 12:32 pm

2 Answers from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: subject

A trust indenture is a form of security similar to a deed of trust. The security (collateral) is the real estate being purchased and secures the amount borrowed. A trust indenture is also similar to a mortgage, but is different in some respects. A trust indenture is usually foreclosed on non-judicially and a mortgage must be foreclosed judicially. Trust indentures are quite common in Montana and the size of the property is limited ot 40 acres. If you need more information about this, the mechanism and law on trust indentures can be found at �71-1-301 et seq. MCA. Hope this answers your question.

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Answered on 12/05/01, 1:14 pm
Phillip Oliver Oliver Law Firm, P.C.

Re: subject

A trust indenture is the same as a mortgage except that the title to the land is held in trust by an independant third party. The title is transferred to the buyer once the installment payments have all been made. In Montana, trust indentures are usually treated as mortgages.

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Answered on 12/05/01, 2:43 pm


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